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big.syd

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Everything posted by big.syd

  1. Hanging on still.... Last letter I recieved was from Aktiv Kapital in early 2012...stating they have purchased the debt from Experto, but I should continue to contact Experto....I have not responded to anything since May 2011. Aktiv Kapital are updating my credit file and have been since 2012 Have noticed that Aktiv Kapital have been hitting the Court Claims and that a lot of Judges are siding with AK. Particularly in "Shamrockers" case, I was disturbed that the Judge had little time or regard concerning CCA regs. Now this has got me a bit twitchy, as my last payment was in the spring of 2009, and if I am correct is nearing statute barred. I have fired off many requests and letters in the past including SAR from mbna, which shows the account was sold off 7 days before rectification date on default notice .Experto were made aware of this. My main concern is, I am so near statute barred that I am sleepless at the prospect they might throw this into the Courts. Should I let sleeping dogs lie????
  2. thank you both, more smoke and mirrors from them then. do i really need to educate them on their errors? or should i just ignore and let them believe they have me on the run.
  3. thank you sunflower, i was just a liitle concerned at their interpretation of the cca stating that they had allowed 7 clear days to rectify DN.
  4. letter recieved from barclaycard in response to my letter accepting unlawfal rerescission. has anyone else had a similar response?. they of course will claim that there actions are lawfall and follow the cca 1974. my d/n is posted on page 1 of this thread and i am informed that it is "tosh". Barclaycard say that they have not added any unlawfal charges to this account, but they continued to add monthly interest whilst account was in dispute. 2nd page quote," i hope i have fully resolved your complaint". well its not resolved and i did not complain, i just informed them that i accepted their unlawfall rescission. what should my response to this be? credit solutions are placing the account on hold for 21 days whilst they await a response from their clients bc response.PDF
  5. update, mercers and calders have now gone away.. recieved the letter below from Credit Solutions Ltd. brief summary of whats been going on. cca - only usual terms and conditions supplied. account placed in dispute. Default Notice sent by Mercers- innefective. mercers passed on to Calders. Calders seen off. No NOA recieved Scotcall seem off . Mercers demanded payment of account in full. Credit Solutions are demanding payment in full. Subject access request sent off to Barclaycard last week. smells like unlawfal recission to me? cs.ltd.PDF
  6. judging from all of your fantastic contributions on here you are far from that. more like a guiding light to many.
  7. your a star Vint, thank you so much:p
  8. thanks once again Vint, this is the link i was refering to,i cant read all of the text down the right hand side. i did copy and paste a similar request which i was going to send, but i cant locate it:???: was hoping someone had a copy so i dont foul up the request. have been reading the thread on Invalid default notices, and the importance of accepting unlawfal recision by letter. to sum up, my case, invalid d/n account sold before rectification date demand for full balance. letter from me to them accepting unlawfal recision. just think now would be a good time to get SAR sent off to confirm,actions and dates.
  9. have just sent of letter to Experto informing them that the agreement they sent me was a reconstructed agreement and was the reason the account was ,and is still i dispute with mbna. have also confirmed in writing that the account was sold to them before rectification date on D/N, thus causing unlawfal rescition, with i have accepted. so , i now need to SAR mbna. i have tried to link to sar templates, but cannot read all of the letter because of advertising blocking out some of text. i would be grateful; if anyone has aSAR letter that can be copied.
  10. ok slick. i shall consider myself told;-)
  11. thanks shadow, i wish i could be as cynical as you:-) i guess everything has many iterpretations.
  12. thank you, slick. i have yet to S.A.R. barclaycard. do you think i should wait a little longer, i mean wait for calders to demand full amount outstanding? going back to one of your previous posts what is the significance of them saying "this is our final response"? is it just another tactic they use to put me on the back foot?
  13. just reading back through my thread and noticed all of oilyrags posts in my thread have been removed any reason why??
  14. ron, i would wait to see what shows up in SAR. who owns it may not be that critical as the account was sold to a third party before rectification date on D/N. this should also show up on your sar. as a layperson you are not expected to understand assignment/ absolute, but you already have written proof that you were not given time to rectify any d/n as pescribed.
  15. ron, mbna have again put the cart before horse:D. my advice would to be patient and await the SAR before planning your next move. you can easily keep expurto at bay by writing to them explaining you are awaiting sar from mbna. now, keep a organized file of all letters sent and recived DO NOT discard any envelopes but attache them to the letters that accompanied them.(i prefer to also write date i recived on letter), as some correspondences will undoubtly cross in the post. this when dated and filed properly will help you build your defence . DO NOT talk to them on the phone. a polite sorry but all correspondance by letter only to them works for me. be firm but not hostile. read all comments both positive and negative and draw from the experience of other in similar situations. this wont go away overnight, be prepared for long slog:D it would also be a good idea to start your own thread and post up your circumstances, why the account was placed in dispute in the first place (etc) you will then be able to receive advise specific to your own case and will not hi-jack this one, which causes this to deviate from the original post. good luck:)
  16. at least they now know that they will have to come up will a lot more than they have. guess its just their way of seeing how strong each individual is:) thanks to all on this site, everyone is a little stronger but a lot wiser.
  17. i have just typed a letter to MBNA informing them that by selling and requesting full amount on the back of a incorrect D/N that they have unlawfully recsinded the agreement. i have also told them that they acted against s78 guidlines by selling the debt before rectification date. experto have also been sent a copy of this letter, and i have requested by vitue of the fact the account should never have been purchased by them before rectification date, that they cease any further activity on this account will probably take a couple of weeks to get any response but i will post up their replies when i recieve them.
  18. if experto purchased this account from mbna, how can we find out how much they paid to mbna? if we knew an exact fiqure, then it could be used as a starting point regarding offer of full and final payment,against the hassle of both parties fighting as to what is or has been done correctly.?? 20% discount does not seem attractive to many caggers that hold the trump cards;)
  19. seems this thread has gone a little quiet, so i thought i might add the contents of letter recieved fromExperto credite today. "due to a technical error on our systems, we have been corresonding with you under an internal account reference number you may not have recognised". "our legal advisors have directed us to communicate with you using the correct account number allocated to you as it relates to the original credit agreement". "the correct account number shown in this letter will be used in any future correspondence". "please contact our officetoday, if you need further clarifation". so it looks like they are trying to tidy up account discrepencies. good for them. they might have bigger problems tidying up the fact they have purchased account unlawfully rescinded due to faulty D/N and purchasing this account BEFORE remedy date on default notice. hope this helps8)
  20. safety in numbers. no need to ride alone here:)
  21. hi sunflower, seems we are in similar position. they refuse to accept that by not sending original agreement that there is a disupte and continue to pile on the intrest charges. guess were in for the "long haul"
  22. thank you sunflower, i still think that the account has probably yet to be terminated, so i will have to wait for that. should i also be recieving noa letters when this is passed along the line?.
  23. thank you slick, i will read turough that post as advised. i personally think its better to let them take me to court, rather than me chase them. they would have to show what evidence they hold and at that stage i will get to see any agreement they hold. i already have a defective D/N so that alone will cause them problems should it procede to court. i will send letters to them every 4-6 weeks reminding them that the core document that i am entitled to see has not been sent. at least it will show that i have continued to assertain my standing as a consummmer.
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